Understanding Felony DUI Charges in West Virginia
In West Virginia, a DUI charge becomes a felony if there are aggravating factors. A felony DUI typically occurs when a person has multiple DUI convictions within a specific timeframe, is involved in an accident that results in serious injury or death, or has a high BAC (blood alcohol concentration). When any of these factors are present, prosecutors will treat the case as a felony. A felony DUI carries much harsher penalties, including long-term imprisonment, hefty fines, and the loss of your driving privileges. It’s important to know that a felony DUI charge means the prosecutor will work to prove that the defendant is a repeat offender or that their actions caused serious harm to others.The Arrest
A felony DUI case begins when you are arrested. In most DUI arrests, the officer conducts field sobriety tests and breathalyzer tests to determine if a driver is impaired. If your BAC is over the legal limit of 0.08% or if the officer notices other signs of intoxication, such as slurred speech or erratic driving, they can arrest you for driving under the influence. However, if you have prior DUI convictions, or if your BAC is significantly high or if you’re involved in an accident that causes injury or death, the charge may escalate to felony DUI. Once the arrest is made, the prosecution will begin to gather all the necessary evidence to support their case.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Evidence Collection
After the arrest, prosecutors start collecting evidence. One of the most critical pieces of evidence in any DUI case is the breathalyzer test result. If you have a BAC of 0.15% or higher, this can be used to show that you were significantly impaired, which strengthens the prosecution’s case. If the officer takes a blood sample instead of a breathalyzer test, this evidence is crucial for determining the level of alcohol or drugs in your system. In cases where the DUI charge stems from drug impairment, blood tests can reveal the presence of controlled substances. Another important piece of evidence can come from video footage, such as dashcam or bodycam recordings from the police vehicle. These videos can provide visual proof of how the arrest took place and help show your behavior during the stop. The footage may reveal signs of intoxication, such as difficulty standing, walking, or following instructions. If there was an accident involved, video evidence from the scene can also show how the accident occurred, which is especially important in a felony DUI case that involves serious injury or death.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
The Impact of Prior DUI Offenses
If you have prior DUI convictions, the prosecutor will look at your criminal record to determine how many past DUI charges you’ve had. In West Virginia, a fourth DUI offense within ten years qualifies as a felony. Each prior DUI conviction strengthens the prosecution’s argument that you are a repeat offender and that the charge should be treated more seriously. The more prior offenses you have, the stronger the case against you. Prosecutors will use your past convictions to argue that this behavior is part of a pattern, which could lead to stricter penalties if you are convicted.Building the Case in Court
Once the prosecutor has gathered all the evidence, they will begin working on building their case for trial. The prosecution’s goal is to prove that you were driving under the influence and that aggravating circumstances—such as a high BAC, prior convictions, or a serious accident—warrant a felony charge. The prosecutor will argue that the evidence points to you being impaired at the time of the arrest and that you meet the legal definition of a felony DUI.Related Videos
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